Can it be seized during the over-indebtedness procedure?

Verified 21 January 2021 - Directorate for Legal and Administrative Information (Prime Minister)

As soon as the over-indebtedness file is filed

Suspension of seizures can be requested as early as filing of the over-indebtedness file.

The suspension shall apply to seizure procedures other than those relating to maintenance obligations.

Only a judge can stay seizures. However, over-indebtedness does not directly refer the matter to the judge, he must ask the over-indebtedness commission to do so.

On request of over-indebted (on filing of its over-indebtedness file), the commission shall refer the matter to the judge of the judicial tribunal for suspension of the seizures. In urgent cases, the judge of the court may be seised by the chairman of the commission, his delegate or the local representative of the Banque de France.

The judge then sets out the procedures to be covered by the stay.

Seizures that can be suspended

  • Attachment and Assignment (sums of money corresponding to the amount of the debt of the over-indebted are allocated immediately to a creditor)
  • Sales Attachment (the household assets of the over-indebted are sold to repay its debts at the sale price)
  • Wage Entry

FYI  

the suspension of foreclosure proceedings already initiated has the effect of prohibiting creditors from pursuing new foreclosure proceedings against over-indebted debtors.

Measures which cannot be suspended

Certain measures cannot be suspended, including:

  • Implementing measures relating to maintenance debts (in particular maintenance)
  • Seizure of real estate where a date of invitation to tender is fixed.
    In this case, the commission must submit the request for suspension to the judge responsible for foreclosure.

Warning  

the suspension shall not prevent a creditor from bringing a legal action for a judgment setting out his claim.

Suspension, if granted, shall be granted on a case-by-case basis until one of the following events:

However, it may not exceed 2 years.

This suspension has the following consequences for over-indebtedness:

  • Prohibition of aggravating insolvency (e.g. taking on new credit)
  • Prohibition on paying, in whole or in part, non-maintenance debt (including existing bank overdrafts)
  • Prohibition of repayment of sums already paid by surety in lieu of over-indebtedness

However, an over-indebted person may apply to the judge of the court of justice for authorization to perform one of those acts.

Who shall I contact

Please note

it is also possible under certain conditions to to suspend the expulsion procedure.

As soon as the file is admissible

The decision on the admissibility of the over-indebtedness file automatically and temporarily suspend data entry procedures, other than those related to maintenance obligations and certain rental debts.

Seizures that can be suspended

  • Attachment and Assignment (sums of money corresponding to the amount of the debt of the over-indebted are allocated immediately to a creditor)
  • Sales Attachment (the household assets of the over-indebted are sold to repay its debts at the sale price)
  • Wage Entry

FYI  

the suspension of foreclosure proceedings already initiated has the effect of prohibiting creditors from pursuing new foreclosure proceedings against over-indebted debtors.

Measures which cannot be suspended

Certain measures cannot be suspended, including:

  • Implementing measures relating to maintenance debts (in particular maintenance)
  • Seizure of real estate where a date of invitation to tender is fixed.
    In this case, the commission must submit the request for suspension to the judge responsible for foreclosure.

Warning  

the suspension shall not prevent a creditor from bringing a legal action for a judgment setting out his claim.

Suspension, if granted, shall be granted on a case-by-case basis until one of the following events:

However, it may not exceed 2 years.

This suspension has the following consequences for over-indebtedness:

  • Prohibition of aggravating insolvency (e.g. taking on new credit)
  • Prohibition on paying, in whole or in part, non-maintenance debt (including existing bank overdrafts)
  • Prohibition of repayment of sums already paid by surety in lieu of over-indebtedness

However, an over-indebted person may apply to the judge of the court of justice for authorization to perform one of those acts.

Who shall I contact

Please note

it is also possible under certain conditions to to suspend the expulsion procedure.

Who can help me?

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